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Barr. Edward Smith

Barrister – Commercial Disputes, Family & Estates

Barr. Edward Smith is a Barrister of over thirty years' standing at the Bar of England and Wales, practising from Crestwood Law in London. His practice combines commercial litigation and international arbitration with family law, probate, and estate planning, and he also sits as an arbitrator and mediator.

Barr. Edward Smith

Barr. Edward Smith

Barrister

Biography

Edward Smith is a Barrister of over thirty years' standing at the Bar of England and Wales, practising from Crestwood Law in London. Called to the Bar in the early 1990s, he trained in the traditional Inns of Court model and built a broad common law practice before developing the combination of commercial, family, and estates work that defines his practice today.

His early practice covered personal injury, contract, landlord and tenant, and occasional crime. That breadth, he argues, gave him a flexibility narrow specialists often lack: the ability to read people as well as papers, and to see every dispute as, at bottom, a human story. From the mid-1990s he began receiving commercial instructions — first modest contract disputes, then shareholder conflicts, then High Court litigation involving banks, insurers, and multinational corporations. By the turn of the millennium he was established as a commercial junior with a growing international dimension, appearing in disputes arising from the dot-com collapse, the 9/11 insurance litigation, the 2008 financial crisis, and the cross-border insolvency and regulatory work that followed.

Alongside his commercial work, Edward maintained a parallel practice in family law, probate, and estate planning. He had observed how often commercial acumen and family sensitivity were required in the same matter — a divorce involving a family business, an inheritance dispute turning on company shares, a contested will in which capacity was challenged on medical evidence. He undertook additional training in mediation and family procedure and built relationships with forensic accountants, medical experts, and trust specialists whose expertise he deploys for clients today.

In family law, Edward combines rigorous analysis with practical empathy. His clients speak of an advocate who tells them the truth early, manages expectations honestly, and fights without grandstanding when fighting is required. He is a strong proponent of non-court dispute resolution where it genuinely serves the client, and a formidable litigator when it does not.

In inheritance work, he has advised on wills, probate, trusts, and estate planning for several decades, acting for testators, executors, beneficiaries, and trustees. He is particularly experienced in international estates — testators with assets in multiple jurisdictions, beneficiaries across continents, and the interplay between English law and civil-law succession regimes. He has acted in claims under the Inheritance (Provision for Family and Dependants) Act 1975, in disputes over testamentary capacity and undue influence, and in professional negligence claims arising from defective will drafting.

Areas of Expertise

Commercial Litigation

International Arbitration

Corporate Disputes

Banking Litigation

Professional Negligence

Regulatory Investigations

Cross-Border Disputes

Class Action Litigation

Family Law & Divorce

Wills & Probate

Inheritance & Estate Planning

Representative Cases

The Auto Trust Litigation (Chancery Division)

£40M+2011–2014

Counsel in a multi-party dispute between trustees of a family trust, two generations of beneficiaries, and a professional trustee company, concerning the investment strategy of a trust holding in excess of £40 million of commercial property.

Outcome: Resolved after a three-week trial with findings substantially favourable to the beneficiaries Edward represented

High Court Shareholder Dispute, Engineering Sector

2015–2017

Acted for a 35% shareholder in an unfair prejudice petition arising from exclusion from management of a successful precision-engineering company.

Outcome: Settled shortly before trial, with the majority shareholder purchasing the client's shares at a valuation close to the petitioner's expert figure

LCIA Arbitration — Energy Joint Venture

US$120M+2018–2020

Lead counsel in a London-seated LCIA arbitration concerning the breakdown of a joint venture for energy infrastructure in Eastern Europe. Claims and counterclaims exceeded US$120 million.

Outcome: The tribunal's award granted the client the substantial majority of its claims

Inheritance (Provision for Family and Dependants) Act 1975 Claim

2019–2021

Represented the long-term cohabiting partner of a deceased testator left nothing under a will made late in life, while the estate passed to estranged relatives.

Outcome: Settled at mediation, securing a significant capital sum and retention of the shared home

Contested Probate — Testamentary Capacity

2020–2022

Acted for executors defending a will against challenges by disinherited family members on grounds of lack of capacity and undue influence.

Outcome: Claim discontinued after disclosure of a detailed attendance note from the will-drafting solicitor

Financial Remedy Proceedings — International Elements

2016–2018

Counsel in divorce proceedings where marital assets included a private company, two foreign properties, and offshore investment structures, with contested non-disclosure issues.

Outcome: Final award achieved a division broadly reflecting the client's contributions

Banking Litigation — Derivatives Mis-selling

2013–2015

Acted for a regional business in a claim against a bank over interest-rate hedging products sold before the financial crisis.

Outcome: Settled on terms including a substantial compensatory payment and restructuring of the client's borrowing

Commercial Fraud & Asset Tracing (High Court)

2016–2019

Counsel in a claim by an investment vehicle against former directors alleged to have siphoned funds through shell companies in three jurisdictions.

Outcome: Recoveries exceeded 80% of misappropriated sums after settlement

Professional Negligence — Defective Will

2014–2016

Acted for disappointed beneficiaries against solicitors who drafted a will under which a family business passed outright to one child, contrary to the testator's settled intention that all three children share equally.

Outcome: Settled with the firm's insurers

Regulatory Investigation — Financial Services

2017–2018

Advised a senior individual interviewed under caution in an FCA investigation into alleged systems and controls failings at a regulated firm.

Outcome: Concluded without enforcement action against the individual

Collective Proceedings (Competition Appeal Tribunal)

Counsel for the class representative in opt-out collective proceedings alleging anti-competitive conduct in a consumer market, involving certification, funding arrangements, and management of expert economic evidence.

Role: Counsel for the class representative

Relocation (Leave to Remove) Dispute (Family Division)

Acted for a parent opposing an application to relocate with children to a non-Hague Convention country.

Outcome: Application dismissed, with the court's reasoning substantially adopting the analysis advanced in Edward's skeleton argument

Recent Publications

The Cross-Border Estate After Brexit: Enforcement, Choice of Law, and the Practical Lawyer

Practitioner conference

Conference Paper

Undue Influence in Will Disputes: The Evidentiary Landscape Thirty Years On

Probate practitioners' journal

Article

Freezing Orders in a Digital Asset World

Seminar on interim remedies and crypto-assets

Seminar Paper

Divorce and the Family Business: Valuation, Disclosure, and the Limits of Expert Evidence

Lecture to family law practitioners

Lecture

Advocacy in Arbitration: Why the Quiet Barrister Often Wins

Practitioners' text on international arbitration

Book Chapter

The 1975 Act Claims: Lessons from the Front Line

Training seminar for probate litigators

Seminar

Awards & Recognition

Chambers and Partners - recognised for Commercial Disputes, Family/Matrimonial, and Private Wealth litigation
Legal 500 - "a formidable cross-examiner" and "a safe pair of hands in the most sensitive family and estate matters"
Shortlisted, Barrister of the Year
Fellow of the Chartered Institute of Arbitrators (FCIArb)
Visiting lecturer in advocacy and civil procedure at a London law school

Education & Qualifications

Education

  • • LLB (Hons), University of London - Upper Second Class Honours
  • • Postgraduate Diploma in Law / Bar Finals - completed with distinction
  • • Called to the Bar of England and Wales, Middle Temple (early 1990s)
  • • Fellow, Chartered Institute of Arbitrators (FCIArb)
  • • Accredited Civil/Commercial Mediator

Professional Memberships

  • • Bar of England and Wales (practising barrister)
  • • Middle Temple
  • • Chartered Institute of Arbitrators (Fellow)
  • • Professional associations in family law, trusts & estates, and commercial litigation
  • • Mentor and pupil supervisor, Crestwood Law training programme

Connect with Edward

For commercial litigation and arbitration, family law and divorce, wills, probate, and estate planning, Barr. Edward Smith provides rigorous preparation, plain advice, and advocacy of the highest standard.